Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-2 - FORFEITURE ORDERS  

Division 1 - Making forfeiture orders  

SECTION 47   Forfeiture orders - conduct constituting serious offences  

47(1)    
A court with * proceeds jurisdiction must make an order that property specified in the order is forfeited to the Commonwealth if:

(a) the *responsible authority for a *restraining order under section 18 that covers the property applies for an order under this subsection; and

(b) the restraining order has been in force for at least 6 months; and

(c) the court is satisfied that a person whose conduct or suspected conduct formed the basis of the restraining order engaged in conduct constituting one or more *serious offences.

Note:

The order can be made before the end of the period of 6 months referred to in paragraph (1)(b) if it is made as a consent order: see section 316 .

47(2)    
A finding of the court for the purposes of paragraph (1)(c) need not be based on a finding as to the commission of a particular offence, and can be based on a finding that some * serious offence or other was committed.

47(3)    
The raising of a doubt as to whether a person engaged in conduct constituting a * serious offence is not of itself sufficient to avoid a finding by the court under paragraph (1)(c).

Refusal to make a forfeiture order

47(4)    

Despite subsection (1), the court may refuse to make an order under that subsection relating to property that the court is satisfied:

(a) is an *instrument of a *serious offence other than a *terrorism offence; and

(b) is not *proceeds of an offence;

if the court is satisfied that it is not in the public interest to make the order.